Published Paper Details:

The position of Muslim women in India, specifically daughters, still suffers from discrimination in their share of inheritance under the uncodified Muslim Personal Law as governed by the Muslim Personal Law (Shariat) Application Act of 1937. The share of inheritance given to women by the Quran in the 7th century in Arabia is not reflected under the codified laws, where the share of daughters is half of what their brothers get, and the remaining amount goes to the agnates of the male members of the family. This paper seeks to explore the existing framework, identify the inequalities, discuss the judicial precedents, and emphasize the need for reforms in the form of codification, optional application of civil law, or a Uniform Civil Code (UCC). It also aims to focus on landmark and ongoing judgments of the Supreme Court, which reflect the contrast between individual rights and gender justice and suggest reforms that are in correspondence with the Constitution and empower daughters economically and socially. In doing so, the paper adopts a doctrinal and socio-legal approach, examining relevant statutes, judicial decisions, and comparative approaches from other jurisdictions. The research aims to prove that the existing framework is inadequate and needs reform, whether from within or outside personal law.